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Georgia Statutes, Title 31

Georgia/Statutes

← All Georgia coverage

Title 31

53 chapters · 983 sections in this title.

All chapters in Title 31983 Ch 7, REGULATION AND CONSTRUCTION OF HOSPI…189 Ch 8, CARE AND PROTECTION OF INDIGENT AND …150 Ch 11, EMERGENCY MEDICAL SERVICES65 Ch 2A, DEPARTMENT OF PUBLIC HEALTH36 Ch 10, VITAL RECORDS36 Ch 13, RADIATION CONTROL28 Ch 6, STATE HEALTH PLANNING AND DEVELOPMENT25 Ch 21, DEAD BODIES22 Ch 1, GENERAL PROVISIONS21 Ch 3, COUNTY BOARDS OF HEALTH19 Ch 12, CONTROL OF HAZARDOUS CONDITIONS, PRE…19 Ch 14, HOSPITALIZATION FOR TUBERCULOSIS16 Ch 41, LEAD POISONING PREVENTION16 Ch 2, DEPARTMENT OF COMMUNITY HEALTH15

983 sections·Filtered byTitle 31✕

O.C.G.A. § 31-7-179 Certificate of need not required
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Where a hospice has obtained a license from the department, there shall be no requirement that the hospice obtain a certificate of need in order to provide any hospice care. History. — Code 1981, § 31-7-179, enacted by Ga. L. 1983, p. 1317, § 2. ARTICLE 10 PATIENT CENTERED AND FA…
O.C.G.A. § 31-7-190 Legislative intent
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The intent of the General Assembly in enacting this article is to improve quality and delivery of patient centered and family focused palliative care in this state. History. — Code 1981, § 31-7-190, enacted by Ga. L. 2016, p. 155, § 1/HB 509.
O.C.G.A. § 31-7-191 Definitions
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As used in this article, the term: (1) ‘‘Commissioner’’ means the commissioner of community health. (2) ‘‘Department’’ means the Department of Community Health. (3) ‘‘Georgia Palliative Care and Quality of Life Advisory Council’’ or ‘‘council’’ means the advisory council created …
O.C.G.A. § 31-7-192 Georgia Palliative Care and Quality of Life Advisory Council
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(a) There is hereby created the Georgia Palliative Care and Quality of Life Advisory Council within the department. The council shall be composed of nine members, as follows: (1) The chairperson of the House Committee on Health and Human Services, or his or her designee; (2) The …

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O.C.G.A. § 31-7-193 Palliative Care Consumer and Professional Information and Education Program

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(a) There is established a state-wide Palliative Care Consumer and Professional Information and Education Program within the department. (b) The purpose of the Palliative Care Consumer and Professional Information and Education Program shall be to maximize the effectiveness of pa…

O.C.G.A. § 31-7-250 Definitions

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As used in this article, the term: (1) ‘‘Conviction’’ means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) ‘‘Crime’’ means commission of any of the following offenses: (A) A violation of Code Section 16-5-…

O.C.G.A. § 31-7-251 New facility licensing; facility directors

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On and after July 1, 1985, an applicant for a new license shall have a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility. History. — Code 1981, § 31-7-251, enacted by Ga. L. 1985, p. …

O.C.G.A. § 31-7-252 Director records check applications and employee preliminary records check applications; satisfactory alternative evidence; contracts for records check determinations

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Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application and a preliminary records check application for the director of such facility. In lieu of such records check applications, the applicant may su…

O.C.G.A. § 31-7-253 Written notification as to department’s preliminary records check determinations; effect of unsatisfactory determinations; issuance of temporary licenses

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After being furnished the required records check applications under Code Section 31-7-252, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the department’s determination as to that person’s prel…

O.C.G.A. § 31-7-254 Transmission of director’s fingerprints to Georgia Crime Information Center for review; notification to department of findings; retention of fingerprints

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After issuing a temporary license based upon a preliminary records check determination of the director that is satisfactory under Code Section 31-7-253, the department shall transmit to GCIC both sets of fingerprints and the records search fee from that director’s records check a…

O.C.G.A. § 31-7-255 Issuance of regular licenses

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After receiving a GCIC notification regarding a director’s fingerprint records check under Code Section 31-7-254, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactor…

O.C.G.A. § 31-7-258 Change of facility director; notification to department; effect of department determination

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(a) If the director of a facility which has been issued a regular license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any addi…

O.C.G.A. § 31-7-259 Preliminary records check determination; suspension or revocation of license; refusal to issue regular license; fingerprint check; employment history; director’s criminal liability; exempt employees;

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(a) Before a person may become a director of any facility that has received either a temporary or regular license, that facility shall require that person to furnish to the department a preliminary records check application and a records check application and the department shall…

O.C.G.A. § 31-7-260 Cooperation of Georgia Crime Information Center and law enforcement agencies with department; liability for misuse or attempted misuse of information

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(a) GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint records checks required under this chapter and shall provide such information so required for such records checks notwithstand…

O.C.G.A. § 31-7-261 Liability for claims in connection with dissemination of information or determination based thereon

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(a) Neither GCIC, the department, any county board of health, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information or have any liability for defamation, invasion of privacy, negligence, or any other claim in conne…

O.C.G.A. § 31-7-262 Supplemental nature of requirements of this article

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The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter. History. — Code 1981, § 31-7-262, enacted by Ga. L. 1985, p. 952, § 2.

O.C.G.A. § 31-7-263 Contested cases for purposes of the ‘‘Georgia Administrative Procedure Act

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A determination by the department regarding preliminary or fingerprint records checks under this article or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination shall constitute a contested case for purposes of C…

O.C.G.A. § 31-7-264 Regulatory power of department

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The department is authorized to provide by regulation for the administration of this article. History. — Code 1981, § 31-7-264, enacted by Ga. L. 1985, p. 952, § 2.

O.C.G.A. § 31-7-265 Facility licensing and employee records checks for personal care homes transferred to Department of Community Health

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(a) Effective July 1, 2009, all matters relating to facility licensing and employee records checks for personal care homes pursuant to this article shall be transferred from the Department of Human Resources (now known as the Department of Human Services) to the Department of Com…

O.C.G.A. § 31-7-280 Health care provider annual reports; form

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(a) As used in this article, the term: (1) ‘‘Department’’ means the Department of Community Health. (2) ‘‘Health care provider’’ means any hospital or ambulatory surgical or obstetrical facility having a license or permit issued by the department under Article 1 of this chapter. …

O.C.G.A. § 31-7-281 Data system established; departmental authority

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(a) The department shall be required to establish and operate a state-wide health care data system to collect, compile, analyze, and disseminate data collected pursuant to this article from health care providers and other specified entities. (b) The department shall be authorized…

O.C.G.A. § 31-7-282 Collection and submission of data

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The department shall be authorized to request, collect, or receive the collection and submission of data listed in subsection (c) of Code Section 31-7-280 from: (1) Health care providers; (2) The Department of Human Services; (3) The Commissioner of Insurance; (4) Reserved; (5) T…

O.C.G.A. § 31-7-283 Compilation and dissemination of information; rules and regulations

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(a) The department shall compile, direct the compilation of, and disseminate comparative information provided in the annual reports under Code Section 31-7-280 on a health care provider specific basis. (b) Any data collected by the department may be included in department reports…

O.C.G.A. § 31-7-284 Public disclosure; updating of data base; publication; fees

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(a) Subject to the procedures specified in subsection (b) of Code Section 31-7-283, the department shall be authorized to disclose nonpatient-specific data required under this article. Dissemination of such data to the public shall be made in clear and understandable language and…

O.C.G.A. § 31-7-285 Confidentiality; liability

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(a) Notwithstanding any provision of law to the contrary, it shall not be unlawful for any entity which may be requested or required to provide data to the department under this article so to provide that information or for the department or its designees to provide such informat…

O.C.G.A. § 31-7-300 Definitions

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As used in this article, the term: (1) ‘‘Companion or sitter tasks’’ means the following tasks which are provided to elderly, handicapped, or convalescing individuals: transport and escort services; meal preparation and serving; and household tasks essential to cleanliness and sa…

O.C.G.A. § 31-7-301 License requirement; license not assignable or transferable

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Except as otherwise provided in this article, on and after July 1, 1996, no person, business entity, corporation, or association, whether operated for profit or not for profit, may operate as a private home care provider without first obtaining a license or provisional license fr…

O.C.G.A. § 31-7-302 Rules and regulations; authority of department to issue, suspend, or revoke licenses

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The department is authorized to promulgate rules and regulations to implement this article. The department is authorized to issue, deny, suspend, or revoke licenses or take other disciplinary actions against licensees as provided in Code Section 31-2-8. History. — Code 1981, § 31…

O.C.G.A. § 31-7-303 Inspections; requirements for exemption

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Each private home care provider for which a license has been issued shall be inspected by the department periodically; provided, however, the department may exempt a provider from inspections if it is certified or accredited by a certification or accreditation entity recognized a…

O.C.G.A. § 31-7-304 Fees

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The department is authorized to charge an application fee, a license fee, a license renewal fee, or a similar fee; and the amount of such fees shall be established by the Board of Community Health. Each fee so established shall be reasonable and shall be determined in such a mann…

O.C.G.A. § 31-7-305 Exempt services

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This article shall not apply to private home care services which are provided under the following conditions: (1) When those services are provided directly by an individual, either with or without compensation, and not by agents or employees of the individual and not through inde…

O.C.G.A. § 31-7-306 Applications received prior to effective date of article

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A person, business entity, corporation, or association which has applied for a license pursuant to this article prior to July 1, 1996, but which has not been granted such license within 180 days after rules implementing this article have become effective shall be authorized to co…

O.C.G.A. § 31-7-307 Certificate of need not required of licensees; operation of licensee as home health agency not authorized

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(a) A certificate of need issued pursuant to Chapter 6 of this title is not required for any person, business entity, corporation, or association, whether operated for profit or not for profit, which is operating as a private home care provider as long as such operation does not …

O.C.G.A. § 31-7-308 Licensure and regulation of private home care providers transferred to Department of Community Health

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(a) Effective July 1, 2009, all matters relating to the licensure and regulation of private home care providers pursuant to this article shall be transferred from the Department of Human Resources (now known as the Department of Human Services) to the Department of Community Heal…

O.C.G.A. § 31-7-350 Definitions

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As used in this article, the term: (1) ‘‘Conviction’’ means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) ‘‘Crime’’ means commission of an offense which constitutes a felony with respect to the following:…

O.C.G.A. § 31-7-351 Definitions

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As used in this article, the term: (1) ‘‘Applicant’’ means an individual applying to be a direct access employee at a facility. (2) ‘‘Conviction’’ means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (3) ‘‘Cri…

O.C.G.A. § 31-7-352 Registry check required; validation of licensing

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(a) A registry check of an owner, applicant, or employee shall be required prior to a criminal background check and shall be initiated by the applicable facility. A registry check shall be performed by such facility and may include reviewing registries of any other states in whic…

O.C.G.A. § 31-7-353 Records check application; transmittal of fingerprints; penalties for unauthorized release or disclosure of information

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(a) Accompanying any application for a new license, the candidate facility shall furnish to the department a records check application for each owner and each applicant and employee. In lieu of such records check application, such facility may submit evidence, satisfactory to the…

O.C.G.A. § 31-7-354 Consent to background checks; certain results of background check barring employment; rights of owner, applicant, or employee

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(a) An applicant seeking employment with a facility or a current employee at such facility shall consent to a national and state background check that includes a registry check, a check of information maintained by a professional licensing board, if applicable, and a criminal bac…

O.C.G.A. § 31-7-355 Personnel files; when department may require background check; result of unsatisfactory determination

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(a) A personnel file for each employee shall be maintained by the applicable facility. Such files shall be available for inspection by the appropriate enforcement authorities but shall otherwise be maintained to protect the confidentiality of the information contained therein and…

O.C.G.A. § 31-7-356 Facility’s failure to comply with provisions; penalty

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A facility that does not terminate an employee who has been found to have an unsatisfactory determination or failed a registry check shall be liable for a civil monetary penalty in the amount of the lesser of $10,000.00 or $500.00 for each day that a violation occurs. The daily c…

O.C.G.A. § 31-7-357 Required notice on application form

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Each application form provided by a facility to an applicant shall conspicuously state the following: ‘‘FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT.’’ History. — Code 1981, § 31-7-357, enacted by Ga. L. 2018, …

O.C.G.A. § 31-7-358 License revocation or withholding; additional requirements

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(a)(1) An owner of a facility with an unsatisfactory determination or whose name appears on a registry check shall not operate or hold a license, and the department shall revoke the license of any owner operating such facility or refuse to issue a license to any owner operating s…

O.C.G.A. § 31-7-359 Liability for civil damages; sovereign immunity not waived

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(a) No person, including the department, a facility, or an individual acting on behalf of such entities, shall be liable for civil damages or be subject to any claim, demand, cause of action, or proceeding of any nature as a result of actions taken in good faith to comply with th…

O.C.G.A. § 31-7-360 Rules and regulations

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The department shall promulgate written rules and regulations related to the requirements and implementation of this article. History. — Code 1981, § 31-7-354, enacted by Ga. L. 2008, p. 12, § 2-25/SB 433; Code 1981, § 31-7-360, as redesignated by Ga. L. 2018, p. 611, § 1-4/SB 40…

O.C.G.A. § 31-7-361 Transfer of responsibilities, rights, and personnel between departments

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(a) Effective July 1, 2009, all matters relating to facility licensing and employee criminal background checks for personal care homes pursuant to Article 11 of this chapter as it existed on June 30, 2009, shall be transferred from the Department of Human Services to the departme…

O.C.G.A. § 31-7-380 Purpose and intent

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The purpose of this article is to enable employers who are family members or guardians of elderly persons to obtain an employment eligibility determination from the department for applicants who are seeking to provide and employees who are providing personal care services to thei…

O.C.G.A. § 31-7-381 Definitions

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As used in this article, the term: (1) ‘‘Applicant’’ means an individual applying to provide personal care services to an elderly person in a residence or location not licensed by the department. (2) ‘‘Criminal background check’’ means a search of the criminal records maintained …

O.C.G.A. § 31-7-382 Establishment of central caregiver registry

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The department may establish and maintain a central caregiver registry which shall be accessible to employers as a data base operated by the department that contains information on eligible and ineligible applicants and employees as determined by the department from criminal back…

O.C.G.A. § 31-7-383 Private employer’s inquiry with department on eligibility of employee; employer responsible for decisions

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(a) The department shall allow an employer to inquire with the department about the eligibility or ineligibility for employment as if the applicant or employee were applying to work or working in one of the facilities licensed under Article 14 of this chapter so long as the appli…